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HAJI BAZ MUHAMMAD versus MST. HUMERA ALIAS SHIREEN TAJ


Twelfth, R1 Documentary Proof Explained regarding the objection to the mandatory supply of O XIII, R1, CPC to be presented at the first hearing; provisions of Order XIII, Rule 1, CPC are mandatory and The documents on which they relied should have been presented at that time. Purpose of Hearing The purpose of Rule 13 is to eliminate the possibility of filing false or suspicious documents by the parties at a later stage of the proceedings. Under the law, the parties are required to submit their documents as soon as possible and the purpose is that both parties should know what the issue is against them and which documents are being relied upon by the parties. The related question should be resolved in the first step of the proceedings so that the other parties are not taken by surprise. In the post-mortem phase, the documents proposed to be submitted were not relied upon nor were they quoted in the written statement, nor was there any valid and permanent cause for the production. That the said document was not in the possession of the party when his first application for additional evidence was denied at the time of filing the written statement, thus the trial court rightly refused to entertain the petition under the order XII. , Rule 1, CPC

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